Loading...
HomeMy Public PortalAbout2005-07-19 Regular Meeting276 COUNCIL MINUTES REGULAR MEETING - JULY 19, 2005 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, July 19, 2005, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 9:00 a.m. by Mayor Roth. Those present were: Also present: Mayor Seymour "Sy" Roth Assistant Mayor Howard J. Berlini Councilman Joel S. Jacobi2 Councilman Jean Rosenfield Councilman Jaime M. Sanz Alfred J. Treppeda, Village Manager Ellisa Horvath, Village Clerk Andrea Greenblatt, Administrative Assistant David Wolpin, Village Attorney As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Village resident Mrs. O'Conner. 3. APPROVAL OF MINUTES: A motion was offered by Councilman Rosenthal and seconded by Councilman Jacobi to approve the minutes of June 21, 2005 Regular Council Meeting The motion carried unanimously (5-0). 4. PRESENTATIONS: None. 5. PUBLIC HEARINGS: None 6. ORDINANCES SECOND READING/PUBLIC HEARING: An ordinance was read, by title, by the Village Clerk, establishing Section 12-9 (Sexual Violator Residency Prohibition). Mr. Wolpin explained the ordinance and advised that it creates a residency restriction that prohibits any sexual violator from residing at any premises located within 1300 feet of any park or playground, which essentially creates the restriction throughout the entire Village. He advised that this ordinance is similar to what many municipalities are passing, to protect children from sexual violators and other offenders. Mr. Wolpin reviewed the revision on page 3, paragraph F, which clarifies the responsibility of the landlord or owner of a property and creates a due diligence requirement. He explained that a landlord will not be liable for renting to a sexual violator, if they used due diligence and were unable to determine that the tenant or proposed tenant is a sexual violator. Mr. Wolpin reported that this revision is in line with what some of the other municipalities have made. He advised that the 1 Assistant Mayor Berlin arrived after the Pledge of Allegiance. Assistant Mayor Berlin left the meeting at the beginning of the Other Business Section. 2 Councilman Jacobi left the meeting during the comments made by Dr. Krop. Regular Council Meeting 07/19/2005 1 277 ordinance proposes penal provisions on sexual violators who reside or attempt to reside within 1300 feet of any park or playground. He reported that if the landlord violates this by improperly renting to a sexual violator, then they would be subject to the code enforcement process and not an imprisonment process. This applies to sexual violators who committed their crime in Florida or in another State. Mayor Roth opened the meeting for public discussion. Ronald Book, Esq. discussed the issue of sexual violators and protecting communities from these individuals. He also discussed the municipal ordinances being challenged and advised that it's a question of when that will happen. Mr. Book advised that he is working with the Village Attorney and attorneys in other communities to try to make certain that the ordinances that are adopted will withstand a Constitutional challenge. He advised that this is an issue of protecting the rights, under the Constitution, of law-abiding citizens. Mr. Book discussed the public's health, safety, and welfare. He reported that when the court in Iowa addressed this issue (they have a 2,000 foot requirement) in the eighth circuit court of appeals (the Federal Court), they specifically said 55 times in the opinion that when the legislative branch of government in the State of Iowa passed a similar distance requirement that it was all about protecting the public's health, safety and welfare. He reported that the District Court ruled against the government and the Court of Appeals said that the District Court was wrong because this isn't about punitive regulatory steems, but is about regulatory steems of a civil nature to protect the public. He reported that both sides of the case agreed that individuals who have been convicted of sexual deviant behavior are going to be tempted when potential victims are sitting outside their front doors. Mr. Book discussed the reason for the ordinance in pushing violators further away from where children congregate. He urged the Council to pass this ordinance. Mr. Book discussed the Jimmy Rice Act and the Jennifer Lansford Act. He explained that this protects children from people moving into these areas. Jerry Sullivan, resident— Balmoral, requested that section F be reviewed and suggested putting language in to say "reside" instead of renting or leasing. Mr. Wolpin explained that F deals with the landlord, but paragraph A prohibits residency. Mr. Sullivan questioned under F if due diligence is still required, if someone is renting. Mr. Wolpin explained that the due diligence would be required whether someone is renting or leasing. Rhea Kelly, Village resident, would like Bal Harbour to get proactive with this issue. She suggested putting chips in sexual offenders to keep track of them. Ms. Kelly would like to see the Council become proactive on a cause to get national chipping. Chief Hunker discussed the Bal Harbour Police web site. He advised that there are no registered sex offenders currently residing in Bal Harbour; however, there are five to six in Bay Harbor and Surfside. Mayor Roth advised that 1300 feet covers the entire Village. Mr. Book discussed the Jessica Lansford Act. He advised that there are now bracelets for life that can be tracked by satellite. Brian Mulheren, resident— Carlton Terrace, discussed the Council being proactive. He doesn't think that the penalty is severe and doesn't think that a chip is a bad idea. He Regular Council Meeting 07/19/2005 2 278 suggested putting pictures of local predators on the Village's Information channel. Babak Raheb, resident-128 Balfour Drive, discussed Section D. He questioned why a portion was crossed out if someone was already living in Bal Harbour. He also questioned what the rule is if someone was a minor. Mr. Wolpin advised that the language is crossed out, because there was a clerical matter and that paragraph was revised subsequent to first reading. He explained that there cannot be a retroactive affect, but pointed out that there is no sexual violator that the Village knows of living within the Village at this time. He reported that there is no exception for offenses committed by minors. Mr. Wolpin explained that an ordinance is being considered by the County that would have comprehensive regulations as well, but it isn't know if that ordinance will be adopted. He advised that if it is adopted, then it will create restrictions similar to these that apply in the municipalities and the unincorporated areas of the County. Mr. Wolpin advised that the benefit of enacting this in the Village even if the County ordinance is adopted, is that the County recognizes that the cities that have existing ordinances of a similar nature will set the cut-off date. A motion was offered by Assistant Mavor Berlin and seconded by Councilman Jacobi to approve the changes to the ordinance. The motion carried with the vote as follows: Mavor Roth ape; Assistant Mavor Berlin ape; Councilman Jacobi ape; Councilman Rosenfield ape; Councilman Sanz ave. A motion was offered by Councilman Jacobi and seconded by Councilman Rosenfield to approve this ordinance. The motion carried with the vote as follows: Mavor Roth ape; Assistant Mayor Berlin ape; Councilman Jacobi ape; Councilman Rosenfield ape; Councilman Sanz ape. Thus becoming: ORDINANCE NO.500 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF BAL HARBOUR VILLAGE, ENTITLED "OFFENSES", TO ESTABLISH SECTION 12-9, ENTITLED "SEXUAL VIOLATOR RESIDENCY PROHIBMON, PROHIBITING CONVICTED SEXUAL VIOLATORS FROM RESIDING WITHIN 1,300 FEET OF SPECIFIED LOCATIONS WITHIN BAL HARBOUR VILLAGE; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. 7. ORDINANCES FIRST READING: None. 8. RESOLUTIONS: None 9. UPDATE ON BEACH RENOURISHMENT FUNDING - BRIAN FLYNN, DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT: Mr. Flynn discussed County funding for beach renourishment and reviewed the letter that was sent to the Village Manager. Mr. Flynn explained that it's difficult to come up with a specific storm plan in terms of what the impact is going to be, because they don't know how the beaches are going to respond if there is a major storm. He advised that instead of being proactive and developing a specific line of action, they have tried to put the elements in place to be reactive in an expedited manner, which has worked well. He explained the process is first for emergency response to survey the impact Regular Council Meeting 07/19/2005 3 279 and then to restore the beach. He advised that at the State level there are emergency appropriations that have been granted for storm rehabilitation, which the State has been good about. Mr. Flynn reported that the two step process is usually to rebuild the dunes immediately to protect the beach (FEMA funds are usually used for that) and then restore the beach, which is a longer process (provided by the State or in conjunction with the Army Corps of Engineers). Mr. Flynn advised that there is currently $17 '/z million of County funds that were granted for beach restoration activities, as part of the General Obligation Bond. He advised that they have funds in place to respond rapidly. Mr. Flynn advised that since they are part of the authorized federal project (Army Corps of Engineers) they are the federal agency charged with providing emergency assistance, not FEMA. He discussed public law 8499, which grants the Army Corps of Engineers authorization to repair a project (beach) to its pre -storm conditions, using 100 percent federal funds. He advised that about $6 million of federal funds were received for that purpose after Hurricane Andrew. He thinks that there is a good system in place for dealing with emergency assistance. Mr. Flynn advised that between the federal and state money available, etc. there is about $160 million available. He is confident that if there is a major impact on the beach that it would be dealt with fairly quickly. Mr. Flynn advised that the areas in central Florida and the panhandle are natural beach areas, which are typically low and there's nothing to stop a storm surge. He explained that the beaches in Miami -Dade County are designed for storm protection (higher elevation, dunes, berms, etc.). Assistant Mayor Berlin questioned the process for reimbursement if the Village was proactive and paid for the renourishment of its beach. Mr. Flynn advised that the plan that is set up doesn't allow for reimbursement. He advised that there are County funds available if they wanted to initiative that and, in the worst case, he thinks that the Village might be able to get State funding, but not Federal, which they have done before. Mr. Flynn advised that immediate response would be within weeks. He explained that the permitting process is expedited for emergency situations, due to legislation passed last year. Assistant Mayor Berlin questioned why it took so long for Broward County to get their beaches renourished. Mr. Flynn reviewed the procedural and environmental problems that they had. Assistant Mayor Berlin discussed the effects of storms and hurricanes on the beaches in Northwest Florida. He would like the County to think in terms of weeks and months, not a year, for renourishment. Assistant Mayor Berlin advised that his fear is in the case of a regional event that Bal Harbour might be down on the list and he would like Bal Harbour to be at the top of the list for renourishment. Mr. Flynn advised that the State ranks the projects and Miami -Dade County is at the top (1-3), because of public access, infrastructure, etc. He explained that the State allocates $30 million, on an annual basis, as a dedicated funding source for the beach erosion control program. Dave Kuitt, questioned the use of breakers to avoid beach erosion. Mr. Flynn advised that they are currently looking at areas with erosion problems. He explained that they installed submerged breakwaters at the north end of Sunny Isles Beach/Golden Beach and at 32nd Street, in Miami Beach. He advised that most areas hold up well after renourishment. Mr. Flynn advised that the Army Corps of Engineers will be conducting another maintenance dredging project of the Intercoastal Waterway within six months, which will place 50,000 cubic yards of sand, going from the jetty south. He explained that the Corps is also doing a three-year study, looking at the erosion in Bal Harbour, and are proposing a reconstruction of the groin structures in Bal Harbour, in three years. Regular Council Meeting 07/19/2005 4 280 Stanley Whitman, Bal Harbour Shops, discussed the resort tax passed by Miami Beach, Surfside, and Bal Harbour. He advised that he chaired the Resort Tax Committee meetings (1963-1996) and there was no provision for beach restoration (no funding from Federal, State, or County), so the Committee recommended and the Council agreed to set aside money for beach restoration. He reported that Bal Harbour had the first beach restoration in Florida, but Bal Harbour got the money back. Mr. Whitman discussed how the beach was in Bal Harbour at that time. He thinks that since that time, the State, Federal, and County have been very responsive. Mr. Whitman advised that no municipality in Florida has ever participated in the restoration of their beach. He discussed the reason for dredging in the Haulover cut. Mr. Whitman suggested having something to trap the sand at Haulover, to pump the sand from the north end down to the south, which would replenish the beach every 10 years. Alex Franstead, Village resident, questioned the affect of building east of the building construction line and the erosion on the beach. Mr. Flynn discussed studies that have been done that if building is done on the dune system itself, it denies a major buffer from storm affect, which is seen in the northern part of the State. He thinks that buildings are more of an indicator of an erosion problem, not the cause of it. Mr. Flynn advised that 85% of the erosion problems are caused by the cumulative inlets around the State. He explained that the policy that the State has when permitting new structures is that if the structure's not going to have an adverse impact on the beach and dune system, then it will generally allow construction, subject to certain conditions. Mr. Franstead questioned who regulates building east of the coastal construction line. Mr. Flynn advised that the State Department of Environmental Protection does. REQUEST FOR APPROVAL OF EMPLOYMENT AGREEMENT FOR VILLAGE CLERK: Councilman Jacobi requested that this item be discussed out of order, since he needs to leave for Court. Mrs. Horvath left the room at this time. Councilman Jacobi explained that he was appointed to negotiate a contract with Ellisa Horvath, for Village Clerk. He reported that the contract is for three years, with an option for extension, and a salary of $68,000 with a performance incentive (once a year evaluation). He advised that her current salary is $65,000. Assistant Mayor Berlin reviewed Section 6 and questioned if criteria has been developed to base the evaluation on. Councilman Jacobi advised that the same criteria as other general employees will be used, such as the Village Manager, etc. Assistant Mayor Berlin advised that someone needs to identify what the criteria is going to be. He questioned if the goals and objectives have been defined. Councilman Jacobi thinks that they should be the normal standards for Village Clerk duties. Assistant Mayor Berlin thinks those items need to be articulated, so both parties will know what is expected, during the performance review. A motion was offered by Councilman Rosenfield and seconded by Assistant Mayor Berlin for approval. The motion carried unanimously (5-0). BAL HARBOUR CITIZENS COALITION: Dr. Krop requested to be heard now instead of under Other Business, since Councilman Jacobi needs to leave and he would like to address the entire Council. Dr. Michael Krop, resident— Majestic Condominium, advised that the Sheraton project Regular Council Meeting 07/19/2005 5 281 does not impact him personally, because he lives on the south side of the building. He advised that he is also the President of Bal Harbour Citizens Committee, which is a group of Bal Harbour residents that are concemed about perspective projects planned for the Village. He advised that they are not against progress, but feel that they live in a very special place that distinguishes itself from Surfside and Sunny Isles, by maintaining strict zoning laws. Dr. Krop reported that they are concerned about the process in place, of having to react to issues, rather than having a role in the formulation of those issues. He explained that they want to help the Council in coming up with zoning that represents the best interests of the citizens of Bal Harbour and not necessarily the best interests of the Developers. He explained that the group's first action was to attend the Architectural Review Board meeting, to tell the Board how they felt. Dr. Krop advised that they reviewed the initial plans of the Sheraton replacement. He advised that they understand that the Developers made a presentation to the Council, which was brief and superficial and it didn't get back to the group what the Council's feelings were about that presentation. Dr. Krop thinks that it would have been nice to know if some of the Council members were for it, against it, etc. He advised that the Council represents them and thinks that it would have been nice if that communication were there, but they had no idea how the Council felt about it, other than they saw a presentation. Mayor Roth doesn't recall any presentation, other than a two minute discussion by an Architect who had a picture. Dr. Krop understands that it was brief. Mayor Roth advised that it was nothing. Dr. Krop questioned what the point of it was. Mayor Roth doesn't know. Assistant Mayor Berlin advised that during "Other Business" anyone is allowed to speak and it wasn't that the Council was attempting to initiate any development plan, but they wanted to come in and tell the Council what was going on. Mayor Roth agreed. Dr. Krop advised that they then presented their plans to the Balmoral and the Majestic. He advised that the residents were very distraught about their insensitivity to the immediate neighbors and the Village. He explained that they let the Review Board know their feelings and several Architects on that Board had the courage to depict the project as one belonging in Chicago and not Bal Harbour. Dr. Krop advised that they sent the Developers back to the drawing board and are scheduled to review new plans again in September. He advised that in that short time, new plans have been prepared that they have seen and they are considering some things, but the project is still massive. Dr. Krop explained that it's higher and wider than any existing building in the Village. He reported that under the old zoning they would have been allowed to build around 1.1-1.2 million feet and the new project that was presented is 2 million feet. Dr. Krop understands that the new zoning gives the Village squiggle room and gives the Village a chance to negotiate, which he likes. He advised that in Sunny Isles they get parks, buildings, etc. back when they allow construction to go higher. Dr. Krop discussed the One Bal Harbour and advised that building was almost 200,000 feet more and the Village got $1.5 million, which is great. He explained that they had the ability at 200,000 feet times $1,000 to get $200 million more that they have to sell, which was a good deal. Dr. Krop appealed to the Council to provide them with more time to have input on this issue. He advised that they would like the Council to pass a moratorium, pursuant to Village Code. Dr. Krop advised that development is being proposed involving the classification of PD zoning and many people in the community are concerned about it and the impact it has on the future of the community. He explained that it creates an opportunity for developers to drastically increase the bulk of buildings in the Village. Dr. Krop reported that they want an opportunity to study the modifications. He suggested that Mr. Miller bring together a group of planners, Regular Council Meeting 07/19/2005 6 282 as part of an open process, to determine the impact of PD development on the Village's future. Dr. Krop advised that anytime something new came in front of the School Board, he always asked what the potential unintended consequences would be of that action. He thinks that sometimes the best course is status quo, not that they want the Council to be inactive, but they have to be careful when they take an action. Dr. Krop advised that he is there on behalf of many others to request that the Council establish a moratorium that will include no zoning approval or permits to be issued on the Oceanside of Collins and to also postpone the Sheraton review by the Architect Review Committee, because September is a terrible time because people are not here. He also recommended that this issue be opened to include the Council and the public. He doesn't think that the Council is including them enough and the Council needs to reach out and come and talk to them. Dr. Krop pointed out that most of the Council were not elected in a proper election, but were elected by acclamation. He advised that the Council needs to communicate with them. He explained that they think the Council is doing a good job and thanked them for it. He thinks that the Council needs to pay more attention to what they are doing, because this is a $2 billion contract and they have to include the residents, because they want to help. Dr. Krop advised that they are not against having the Sheraton redone, but they want it done right and fair. He explained that they want to make this a better place. Mayor Roth advised that Dr. Krop knows more of what's going on with the Sheraton than he does, because he has never seen any plans and he doesn't want to see them, because he wants the Architectural Review Board to review and approve it, and then bring it to the Council. He pointed out that he was elected in a very bitter campaign. Dr. Krop thinks that he is the only one. Mayor Roth discussed the zoning at the Beach Club property. He advised that he is very much for the condo owners. Dr. Krop advised that they sat down with Assistant Mayor Berlin and had a terrific exchange of ideas, which he thinks everyone needs to do. He explained that the Council needs to know what the residents are thinking and the residents need to know what the Council is thinking, but they don't. Assistant Mayor Berlin explained that the residents are not comforted by the acknowledgement that the Council knows less about this and they want the Council to know more about this. He stated that the Mayor was trying to articulate that the Developer took this upon themselves and raced ahead with a ridiculous project, which was violative of both the spirit and the concepts that the Village has been looking to see over there. He advised that it has never been articulated or communicated from anyone sitting on the Council that's what they want there. Assistant Mayor Berlin agreed that this process was a train and it needs to stop, be pulled back, and everyone needs to take a deep breath. He explained that the only time the Council is able to exchange ideas is at the Council meetings once a month. He agrees that a billion dollar project deserves more than a couple of hours consideration. He also agrees that the process needs to be slowed down and September is a bad month. Assistant Mayor Berlin recommended that a resolution be passed that no ARB hearing take place on this matter during September. Assistant Mayor Berlin thinks that public involvement should be done for the oceanfront and PD. He advised it was done three years ago when the oceanfront amendments were passed and the PD. He suggested public workshops be done with the Village Planner, Building Official, and Attorney to work with the residents and examine what Dr. Krop is talking about. He thinks that it never hurts if there's something that the Council can do to improve what they have done. Assistant Mayor Berlin advised that this is never going to be a Developer -driven Village and that the only issue they need to talk about is what the residents of the Village want. He advised that a lot of residents have told him that they would like to see a hotel there. Assistant Mayor Berlin discussed the lack of incentive for any Developer to build a hotel, because they can make more money selling units. He advised that the Village has to think of what it wants to do to offer a Developer to Regular Council Meeting 07/19/2005 7 28.3 encourage them to keep a hotel here. He doesn't think that anyone wants to kill one of the most prized assets in the Village. He thinks that at least 40% of the business at the Shops is done by tourists, but at the same time, the Village doesn't want to give Developers carte - blanche. Dr. Krop advised that they don't understand the impact of a hotel selling off its rooms and then taking back the contract to run a hotel. Assistant Mayor Berlin advised that a moratorium can only be adopted by ordinance, which has to be drafted and approved at two public hearings. He suggested to push the ARB meeting out of the September range and have public workshops to address the issue. Councilman Rosenfield advised that the elections in Bal Harbour are open to anyone choosing to run for the Council. She reported that announcement is made months before the election is held. Councilman Rosenfield explained that if only one person runs, then that person is considered elected. Babak Raheb, resident — 128 Balfour Drive, thinks that when the Developer asked before, they were told that it would not be any sooner than October/November. He discussed the PD hearing three years ago, which he doesn't think worked. Mr. Raheb advised that nobody was for the project, but the project passed. He doesn't think that it's enough for people to get involved, if in the end the Council does whatever it wants. Mr. Raheb discussed communities having major developments approved by the voters. He thinks voters should decide on this project. Mr. Raheb suggested that the Council look into the configurations of the districts. Brian Mulheren, resident— 10245 Collins Avenue, thinks there should be a moratorium, because the public's health, safety and welfare is an issue. He doesn't think that the Fire Department has the resources to respond to the Village's needs now. Mr. Mulheren discussed traffic problems. He thinks the Village should hire an attorney to get Surfside to open the streets. He thinks that a massive structure and more people there will make things worse. Mr. Mulheren thinks that everyone should be involved, because years ago nobody knew what was going on. Assistant Mayor Berlin advised there were four meetings. Mr. Mulheren thinks that people should be involved in the Comprehensive Plan, etc. Mr. Wolpin advised that under the existing Planned Development district regulations the Village Council has authority to fully protect the public interest, in considering any application, and is not bound or obligated to approve an application. He advised that the ordinance adopted in 2002 includes criteria stating that in order to grant a PD zoning the Council has to find that the project is designed and scaled to be compatible with adjacent developments and the surrounding neighborhood to a degree that will avoid substantial depreciation of the value of adverse impacts to adjacent properties. It also requires the Council to find that the project will not create excessive noise, traffic, or other impacts. Mr. Wolpin advised that the proposed project is at a very early stage and the Village already has in place all of the necessary regulatory framework, to protect the public interest. Carter McDowell, representing the Sheraton Bal Harbour property, corrected some factual statements. He advised that the gross square footage is 1,274,000 and the sellable square footage is 1 million. He reported that it's not a $2 billion project and, even at $1,000 per square foot, it is a $1 billion project and it's unlikely that any project achieves that. Mr. McDowell discussed the quasi-judicial process that they are following and the addition of public involvement, because they recognize that this is an important project for Bal Harbour Regular Council Meeting 07/19/2005 8 284 and agrees that the neighbors should be involved. He advised that they made a very short presentation several months ago, as a courtesy to the Council, because prior to filing the zoning application they wanted to meet with the neighbors (Majestic and Balmoral) and thought that the Council should see the picture first, which was the sole reason for the presentation. Mr. McDowell discussed the process and the importance of time. He advised that he is not suggesting to rush through the process, but noted that significant delay would potentially put the project off for a year and could destroy the viability of the project. Mr. McDowell advised that they would like to begin demolition next summer. He reported that it would take 9-12 months to get building permits and a couple of years to build it (a 3-4 year process). Mr. McDowell advised that they will continue dialogue on this project. He reported that they have scrapped the original plans that were presented to the Architectural Review Board. He advised that they have submitted and shown revised plans to the Majestic and Balmoral. He briefly displayed the revised picture. Mr. McDowell advised that they are committed to meeting with their neighbors, whenever and however they would like to. He reported that they have no hidden agendas and this is an open process. Mr. McDowell requested that a moratorium not be established, because the system is working. He would like to go back to the ARB in September, not expecting an approval, but because they view it as a dialogue and a process. Mr. McDowell expects that they will receive comments from the ARB again that will require them to make further modifications to the plan, before coming to the Council. They would prefer an opportunity to keep the dialogue going and work with the Majestic, Dr. Krop, the Balmoral, and any of the other neighbors who want to be involved in this process. Mr. McDowell advised that they have applied for a PD rezoning and the Council controls this process. He advised that the existing oceanfront zoning would not come before the Council and only go before the ARB, which would force them to put buildings in front of their neighbors, which they don't think is to anyone's advantage. They think that this is a better process. He agreed that there is some additional FAR that they can achieve through the PD process, but it is nowhere near doubling the project. Mr. McDowell advised that the Floor Area Ratio is 3.26. He requested moving the process forward. Michael Miller, Village Planner, advised that the initial plan submitted to the Village, not the new one, was 1,898,000 square feet. Mr. McDowell advised that includes the parking garage. Mr. Miller reported that Village staff has not seen the new plan. Assistant Mayor Berlin suggested that Mr. McDowell meet with the public and work through issues and build consensus, rather than meeting with the ARB. He thinks that if they satisfy the issues that are going to be raised in that environment, then they will go a long way towards achieving the goal of getting this project underway. It is Assistant Mayor Berlin's opinion not to have an ARB meeting in September, to allow the Developer to have time to meet with the public. He advised that can be extended, if the Council feels that it is not an adequate amount of time. A motion was offered by Assistant Mayor Berlin and seconded by Councilman Rosenfield to add this item to the agenda. The motion carried unanimously (4-0), with Councilman Jacobi absent. A motion was offered by Assistant Mayor Berlin and seconded by Councilman Rosenfield to direct the ARB not to hear this issue in September and if the Council is not comfortable with the way it is progressing, then it can be extended as far as the Council wants to. The motion carried unanimously (4-0), with Councilman Jacobi absent. Bill Farkas, Miami Design Preservation League, advised they are a private non-profit Regular Council Meeting 07/19/2005 9 285 agency concerned with saving architectural heritage. He discussed the designs of Morris Lapidus, who designed the Americana (Sheraton) in 1956. Mr. Farkas advised a lot of renovation has taken place, but before it is demolished he requested that the Council consider another alternative and find out what is there. He requested that the Council request the County Historic Preservation Board to undertake studies to evaluate if the building is worth saving, what pieces of it are worth saving, or if it should all be demolished (the historic significance of the building). Mayor Roth advised there was a hearing called and nobody showed up. Mr. McDowell requested that if the Council is inclined to support their request for historic designation that they be given an opportunity to address that. He read a quote from Morris Lapidus regarding the Americana/Sheraton Bal Harbour stating that it has had so many changes that they have ruined it and to visit the site would make him very sick. Mr. McDowell appreciates the concept of historic preservation, because he works with the historic districts all the time in Miami Beach. He advised that this property has been so dramatically modified that it really should not be designated and there's not sufficient material left there to justify designation. Mr. McDowell requested that the Council not support that designation. 10. LOBBYIST REGISTRATION REPORT - AS OF JULY 15, 2005: Mrs. Horvath reported that the following lobbyists are currently registered with Bal Harbour Village: Name of Lobbyist Principal Represented Stanley F. Whitman Bal Harbour Shops, Ltd. Gary A. Poliakoff Becker & Poliakoff, P.A. Balmoral Condominium Association, Inc. Keith M. Poliakoff Becker & Poliakoff, P.A. Balmoral Condominium Association, Inc. Ronald L. Book Ronald L. Book, P.A. Majestic Tower at Bal Harbour Condominium Association, Inc. Carter N. McDowell Bilzin Sumberg Baena Price & Axelrod LLP Sheraton Bal Harbour Joint Venture Michael A. Patrizio WCI Communities Steve Sorensen WCI Communities 11. RE -,APPOINTMENT OF RESORT TAX COMMITTEE MEMBERS: Mayor Roth explained that there are five members currently serving that would like to continue and have been suggested to be re -appointed. Brian Mulheren, resident— 10245 Collins Avenue, thinks that the Committee should be expanded to include residents of Bal Harbour, not just people with tourism or business interests. Mayor Roth advised that the Sheraton contributes 75% of the resort tax and doesn't think that the Sheraton will exist eight months after the fiscal year starts, so he thinks there will be a new appointment because Hans Altenhoff represents the Sheraton and someone will have to be appointed for the last four months. Mayor Roth is not critcizing Mr. Altenhoff, but advised that in the Miami Herald Travel Section Sunday, he hasn't seen an ad of the Regular Council Meeting 07/19/2005 10 286 Sheraton's and thinks that they put the burden upon the resort tax funds. He doesn't think that the Sheraton is doing their share of advertising. Mayor Roth advised that the Sheraton's revenue has been down each month and he thinks that their revenue will taper down, as they get closer to the closing date. He thinks that a greater effort should be made for the occupancy at the Sheraton. Mayor Roth advised that since 9/11 the Village has been paying over $100,000.00 of ad valorem taxes to subsidize the resort tax. He would like to table this, because he thinks more thought should be done to get a more proactive Committee on how to generate revenue. Mayor Roth thinks that more travel people should be involved on the Committee and he would like to table this until further study. A motion was offered by Mayor Roth to table this. The motion died, due to the lack of a second. Hans Altenhoff, Sheraton Manager, advised that the hotel has never run a higher occupancy in the past ten years as it is now. Mr. Altenhoff advised that if they weren't positioning themselves competitively in the marketplace then there are a lot of people, including himself, that wouldn't be there anymore. He underlined that as a company they are running a very tight ship. Mr. Altenhoff advised that some of the information that Mayor Roth has is not accurate. Mayor Roth advised that the Sheraton was down 13% last month, and 9% the month before, in resort tax. He thinks that the projection of over $1 million for the eight months before they demolish the hotel is too much. He discussed the resort tax situation with the Sheraton closing. Mr. Wolpin suggested that if the Mayor has questions or concerns for the Committee, that he ask them to address those concerns. Assistant Mayor Berlin advised that he has urged the Councilmembers to attend the Resort Tax Committee meetings for years and other than Councilman Sanz, no Councilmembers have attended of late. He finds it odd that the Mayor would have an issue with the reappointment of these members. Assistant Mayor Berlin is grossly offended by the Mayor's negative characterization of the other hardworking members of the Committee, who have enhanced the value and reputation of the Village, from a resort tax of which the Village is one of three cities in Dade County to have. He thinks that to suggest that they have not been diligent or have done a bad job is a gross mis-characterization of their efforts. He doesn't understand where those comments come from. He suggested that Mayor Roth Chair the Committee, if he is unsatisfied with the work of the Committee and feels he can do a better job. Mayor Roth advised that he is not criticizing past efforts, but it talking about the projected budget for this fiscal year. Mr. Wolpin clarified that the appointment of the current members expire in July. A motion was offered bv Councilman Rosenfield and seconded bv Councilman Sanz to reappoint the Committee, with the current five members. The motion carried as follows: Mayor Roth nay; Assistant Mayor Berlin ave; Councilman Jacobi absent: Councilman Rosenfield aye; Councilman Sanz ave. 12. DISCUSSION OF POLICE RETIREMENT BOARD MEMBER: Mr. Treppeda advised that Joe DeCollibus has resigned from the Board. He reported that this position is appointed by the Village Council. It was the consensus of the Council to advertise this position on the Channel 20. 13. SELECTION OF BUDGET PUBLIC HEARING DATES AND Regular Council Meeting 07/19/2005 11 287 SEPTEMBER COUNCIL MEETING DATE AND TIME: Mrs. Horvath explained that in accordance with Florida State Statutes Truth in Millage, the Village cannot have its public hearing on the same date as the Dade County School Board or Miami -Dade County (their hearing dates are September 6, 7, and 20th). She advised that normally the Village has the Second Budget Hearing following the regular Council meeting, but that would fall on September 20th, so she is also requesting the Council to change the regular Council meeting date, to coincide with the Second Budget Hearing. Mr. Treppeda recommended the 8th and the 19th or the 9th and the 19th. Mrs. Horvath advised that they are also requesting the Council meeting time to be changed to 4:00 p.m., since the budget hearing has to be after 5:00 p.m. A motion was offered by Councilman Rosenfield and seconded by Councilman Sanz to have the First Budget Hearing on September 8th (5:01 p.m.), the Second BudgetHearing on September 19th (5: 01 p.m.), and to move the Regular Council MeetinR to September 19th at 4:00 p.m. The motion carried unanimously (4-0), with Councilman Jacobi absent. 14. REQUEST FOR APPROVAL OF EMPLOYMENT AGREEMENT FOR VILLAGE CLERK: This item was discussed earlier in the meeting. 15. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: Mayor Roth reported that he met with the Mayors of Bay Harbor and Surfside regarding the transportation and the traffic problem on 96th Street. He advised that they are trying to coordinate the bus system for all the residents. He reported that Surfside doesn't want to open Abbot Avenue and Bay Harbor's Mayor is on Bal Harbour's side. Mayor Roth reported that the Mayor of Sunny Isles couldn't attend that meeting, but wants to join in on the traffic and transportation arrangement. He advised that Lydia Kordalewski, Bal Harbour Transportation Director, will be contacting those municipalities to see what can be coordinated. Mayor Roth explained that it would have to be something beneficial for the Village to do something with them. Assistant Mayor Berlin questioned the status of hiring an attorney to look into the traffic problems regarding Surfside. Mr. Raheb advised that he contacted Mr. Rivera, who is in charge of the traffic for Dade County. He reported there will be a meeting on Thursday at 10:30 a.m. with the Director, Mayor, etc. B. VILLAGE ATTORNEY: None C. VILLAGE MANAGER: Request for Approval of Interlocal Agreement with Miami - Dade County for the Building Better Communities Bond Program: Assistant Mayor Berlin requested that this item be taken out of order, since he needs to leave. Mr. Treppeda explained that the voters of Dade County approved all the items in the Bond issue. He reported that each municipality in Dade County is entitled to a percentage of the money that comes in for a specific project, which is based on 75% of the population and Regular Council Meeting 07/19/2005 12 288 25% of the tax roll. Mr. Treppeda reported that Bal Harbour's share is $963,477.00, to be used for a Village Hall/Police Station project. He advised that the Village Attorney has reviewed the boiler plate and will approve the final agreement, once the blanks are filled in. Assistant Mayor Berlin questioned why the Village isn't being asked to review a final agreement, as opposed to a preliminary draft. Mr. Treppeda explained that every municipality was given the same boiler plate and there is a meeting with the County to get all the particulars. Assistant Mayor Berlin reviewed page one and questioned what the name of the project is. Mr. Treppeda advised that the project is not definite, but would either be a Village Hall/Police Station renovation or new project. Assistant Mayor Berlin thinks there should be a definition of what the project is, since this is an agreement. He reviewed page 2(d). Assistant Mayor Berlin thinks its interesting that the Village doesn't know what the project is, but now it is warranting by the contract that it has enough money to build the whole thing. He would like to know what the Village is talking about building, how much they are talking about spending, and where the money is. Assistant Mayor Berlin doesn't understand how the Village enters into a contract like this, with those types of major blanks. He also thinks there should be binding arbitration, as opposed to litigation. He advised it stated there are administrative rules attached, but there were none. He also reported that it says the property has to be kept for all of Dade County residents and its his understanding that the Village was talking about doing something with the Park, which is closed to anybody except Bal Harbour residents. Assistant Mayor Berlin advised that if the contract is violated the money is forfeited, etc. Mr. Treppeda advised that this money wasn't going to be used towards the Park portion. Assistant Mayor Berlin advised that the Council is being asked to approve a contract and is making a representation with the County and they don't even know the answer to it, which he thinks is bad govemment. Mr. Wolpin advised that the Manager wouldn't be signing this at this point, but this would enable him to proceed with the County process. Assistant Mayor Berlin thinks that's making a false representation, because the Village doesn't have the funding. Mr. Wolpin advised that by the time the Manager would sign this, those funding decisions would be made by the Council. He advised that he is not signing this at this time and the County wants to show good faith that the Council is on board with this concept. Assistant Mayor Berlin doesn't think the Village can sign this agreement. Mr. Wolpin advised that it is not proposed to be signed in this form, because its not filled in yet. Assistant Mayor Berlin suggested that it come back when it is filled in, then the Council knows what its voting on. He advised that the Village isn't going to make a false representation to the County in a contract that says the Village has funding for a project that hasn't even been defined yet. Mr. Treppeda advised that because this project is extremely complicated it will probably be pushed into the future, so the worst that happens is that the Village may be pushed a year ahead to another issue, which is fine to him. Assistant Mayor Berlin understands the Manager's interest in trying to preserve the money for the Village, which is good govemment, but the Village still has to have a real project, which it doesn't and make sure the funding, etc. is in place. Mr. Treppeda agreed and thinks the Village should probably let it go for another year, because its going to take a long time to get this project underway. A motion was offered by Assistant Mayor Berlin and seconded by Councilman Rosenfield to defer this item. The motion carried unanimously (4-0), with Councilman Jacobi absent. Third Quarter Budget Review — Fiscal Year 2004/2005 — Christopher Wallace, Village Finance Director: Mr. Wallace reviewed the Third Quarter Budget Report. He advised that by end of the year, the Village should be in the black, thanks to a lot of development -related revenue. Mr. Wallace reported that in the Regular Council Meeting 07/19/2005 13 289 General Fund there is about $2 million more in revenue than expenditures, in the Tourism Fund about $400,000.00 more in revenue than expenditures, in the Security District Fund about $200,000.00 more in revenue than expenditures, the Water Fund $11,000.00 and the Sewer Fund is a negative amount, but that's due to the way governmental accounting does capital projects (there's approx. $1 million in expenditures that will probably be reclassified). Assistant Mayor Berlin discussed Mayor Roth's comments earlier regarding the resort tax fund and the Village having to contribute money annually to that fund. He thought that it was the other way around and that the resort tax pays for approximately $850,000.00 of expenses every year that would otherwise have to be paid for by the residents for maintaining the beach and Collins Avenue. Mr. Wallace advised that the tourism fund does pick up a large portion of the Village's general operational money for landscaping maintenance that would otherwise have to be paid by someone. Mayor Roth clarified that his criticism was for this year, not prior years when resort tax money was there and was no reflection on the character or qualities of the Committee itself, but the budget that was made showing a deficit of $300,000.00, which he thinks is fiscal irresponsibility. Mayor Roth thinks that the deficit will be larger, due to loss revenue from the Sheraton. Motion to Authorize Second Reading of the Village Zoning District Mao Ordinance to be Earlier than 5:00 p.m. at the Regular Council Meeting to be held in September (Requires Affirmative Vote of 4 Members): Mrs. Horvath explained that this is a motion to authorize second reading of the Village Zoning District Map Ordinance to be at 4:00 p.m. at the Regular Council Meeting to be held on September 19, 2005. A motion was offered by Councilman Rosenfield and seconded by Councilman Sanz for approval The motion carried unanimously (4-0), with Councilman Jacobi absent. Request for Approval to Renew the Mutual Aid Agreement with Sunny Isles Beach Police Department: Mr. Treppeda explained that these types of agreements spell out the legal terms under which the police departments assist each other. A motion was offered by Assistant Mavor Berlin and seconded by Councilman Sanz for approval. The motion carried unanimously (4-0), with Councilman Jacobi absent. Request for Acceptance of Donations for Fireworks Display for Maior City Police Chiefs Association Conference: Chief Hunker explained that in September 2005 the Village, along with Miami -Dade County, will be hosting the Major City Chiefs Convention. He advised that Chiefs from 62 major cities in the States and Canada will attend. He reported that two people are willing to donate $7,500.00 each to have a fireworks display behind the Sheraton on September 22, 2005. He requested approval from the Council to have the fireworks and to receive the donations. A motion was offered by Assistant Mavor Berlin and seconded by Councilman Rosenfield for approval. The motion carried unanimously (4-0), with Councilman Jacobi absent Request for Approval of Interlocal Agreement with Miami - Dade County for the Building Better Communities Bond Program: This item was discussed earlier in the meeting. Regular Council Meeting 07/19/2005 14 290 Request for Approval to Purchase Handheld Meter Reader: Mr. Treppeda explained that the current reader is 5 years old and needs to be replaced to update technology. He advised that the cost is $9,000.00 for the hardware, training, and implementation. A motion was offered by Councilman Sanz and seconded by Councilman Rosenfield for approval. The motion carried unanimously (4-0), with Councilman Jacobi absent. Request for Change Order for Metro Equipment Service, Inc.: Mr. Treppeda explained that this is for Change Order #2 for the following additional items: a) Remove and replace 100 linear feet of 8-inch gravity sewer main located on Park Drive, due to an obstruction and sagging in the existing sewer line. b) Remove and replace 18.5 linear feet of damaged concrete curbing located in front of 172 Camden Drive. c) Repair a damaged catch basin located at Bal Bay Circle. Mr. Treppeda advised that the total charge is $14,376.31 and is for sewer and drainage work. A motion was offered by Councilman Sanz and seconded by Mayor Roth for approval. The motion carried unanimously (4-0), with Councilman Jacobi absent. Request for Approval of Fees for Appraisal of Village Hall: Mr. Treppeda explained that Stanley Whitman, Bal Harbour Shops Owner, got an appraisal of the Village Hall property because he has an interest in possibly obtaining it, which the Village has made no decisions on. He thought that it was prudent for the Village to do its own appraisal. Mr. Treppeda reported that the Appraiser would review Mr. Whitman's appraisal and also look at Village Hall for use as a Village Hall, as well as use as part of the Bal Harbour Shops. He explained that this doesn't obligate the Village to do anything, but he feels that it's a logical step in considering all angles for a possible project. Mayor Roth thinks that if the other portion was postponed, then this appraisal isn't needed. He doesn't think that the Appraiser should look at an appraisal. He thinks this should be deferred. Councilman Rosenfield questioned if this is a competitive bid. Mr. Treppeda advised that its not, but this is a bid from a company that Bay Harbor Islands used recently and they work for many municipalities. Mary O'Neal, resident — Harbour House, questioned how much the fee is for the appraisal. Mr. Treppeda advised that it's $4,850.00. Ms. O'Neal thinks that's excessive. She questioned if it's going to be an open bid, or if it will just go to Mr. Whitman. Mr. Treppeda advised that no decision has been made considering that. Ms. O'Neal questioned if the Village sells the property, if it will be a competitive bid. Mr. Treppeda advised that if it got to that point he would ask the Village Attorney to advise what is legally required and then a recommendation would be made to the Council and the Council would have the final word as to how that process would happen. Mr. Wallace suggested not so much for the sale of the property but to help to plan for the bond issue with Dade County some of the alternatives that they are looking to prepare for the Council down the road require certain numbers to be generated. He thinks that the Regular Council Meeting 07/19/2005 15 291 Village needs to have this for planning purposes, not for sale purposes. Mr. Wallace looks at this as planning money to help the Village to develop the capital budget for the bond issue for Dade County. He thinks that the appraisal fee is good and this is a reputable appraiser. Mayor Roth thinks that values are changing so dramatically and that having an appraisal now and not being ready until a year from now, then it would be stale. He doesn't think that the Village is ready for the capital bond program. Mr. Treppeda advised that they started looking into the project, because the police station and Village hall are extremely cramped (there's a trailer, no place to park, etc.) He requested that the Council think about for the future allowing them to do something. Mr. Treppeda advised that a Citizens' Committee can be set up to work with staff on developing some plans on how they can proceed. He thinks that the residents could help a lot with that. Dr. Krop agreed. No action was taken on this item. Resort Tax Committee Recommendations: Mr. Treppeda reviewed the following items that were recommended for approval by the Resort Tax Committee at their meeting on July 14, 2005: 1.) Additional Photographic Services — Doug Castanedo $2,000.00 2.) Cancel Interlocal Agreement with GMCVB TOTAL: $2,000.00 A motion was offered by Assistant Mayor Berlin and seconded by Councilman Rosenfield for approval. The motion carried unanimously (4-0), with Councilman Jacobi absent. 16. OTHER BUSINESS: Mary O'Neal, resident— Harbour House, discussed welfare, health, and safety issues at the Harbour House. She discussed the problems with the handicap ramp at the Harbour House. Ms. O'Neal thinks that the Village is being exposed to breaking laws. She questioned why there is a fireman at the building 24/7, if there is no problem. Ms. O'Neal questioned why the Bal Harbour bus did not run at 8:00 a.m. this morning to pick up residents for the meeting. Assistant Mayor Berlin left at this time. Mayor Roth advised that the first day the Council was notified of these problems they instructed the Manager to look at this issue, to have the police there, fire marshals, etc. to make sure the health, safety, and welfare of the Harbour House residents are taken care of. Ms. O'Neal advised that it hasn't happened. She thinks that if the Council hasn't gone there to see this, then they are irresponsible in their duty to protect the people of this Village. Mayor Roth advised that he has delegated the Manager and Chief to make sure that all remedies and items that have to be repaired/fixed and the safety of the residents is the number one concern. He advised that he instructed the Village Manager to run the bus at 8:30 a.m. to make sure that everyone would be to the meeting in time and for the bus to run at 8:30 a.m. for all the Council meetings. Mayor Roth explained that there was short notice to the bus company for this meeting, so they weren't able to run earlier. He advised Regular Council Meeting 07/19/2005 16 292 that the bus transportation will be readily available. Mr. Treppeda advised that this is the first time that he has heard that there is any problem with the system there. He reported that Ms. O'Neal's call is the first one that he has received and he thought that they were making the ramp and doing the things they were supposed to do. Ms. O'Neal advised that Mr. Nieda has an office at WCI and if there was a ramp there he would see it. She reported that Mr. Nieda has seen the violations of the civil rights act every day he has gone by. She advised that the policeman has also seen. Ms. O'Neal advised that other building is going on, but no handicap ramp. She explained that she came to the May meeting and waited two months and nothing has been done. Mr. Treppeda assured Ms. O'Neal that they will be there after the meeting to find out what is going on, because he hasn't heard that hasn't been done. Mayor Roth advised that after Ms. O'Neal brought it to the Council's attention the Village was there that day to take action. Councilman Sanz advised that nothing has been done since May. Helen O'Conner, resident— Harbour House, reported that nothing has been done at the Harbour House. She noted that they are dealing with the Related Group, who are the people that the Village believes are going to do what they're told across the Street. She thinks that if it's any indication of how they are treating the residents, then the rest of the Village is in for a lot of problems. Mr. McDowell advised that there is an issue between Related and WCI as to who's responsible for that, but doesn't think that relieves the responsibility to have something done. He will take it back to them, but believes it is the responsibility of WCI, who is doing the actual physical improvements. Mr. McDowell advised that doesn't matter and they will make sure that it gets done. Patricia Urdon, resident — Harbour House, discussed the lack of provisions for the handicapped (elevator not working, etc.). Mayor Roth advised that they were supposed to have a liaison to address all the problems, which they promised. Mr. Treppeda will meet with the Building Official, etc. today. Mayor Roth advised that the Village will do everything in its power for the health, welfare, and safety of the residents. He explained that they're not the landlord, but they can enforce the laws. Rhea Kelly, Village resident, thinks this goes back to a larger problem and discussed the zoning of the Harbour House property and "unity of control." She thinks that the Council has the responsibility instead of sleeping with the enemy to go in there and, if necessary, close it down. Ms. Kelly thinks the Village needs to get more pugnacious in dealing with the corporations that come in and think they are going to run Bal Harbour and treat the residents as peons. She suggested a review of the documents that WCI and Archstone Smith signed that are binding on the Related Group. She suggested looking at the actual terms and conditions of the contracts to see if it's being adhered to. It's her opinion that the zoning as it worked out is a bunch of hogwash. Ms. Kelly discussed her personal issue with the Village. She would like an explanation of what unity of control is and why everyone isn't being cited. Marjorie Schell, resident — Balmoral Condominium, advised that she spoke to Mr. Treppeda and Mayor Roth regarding the time of the bus and was told that 9:00 a.m. was the pickup time. Mayor Roth explained that from now on before every Council meeting the riders of the bus will be notified that the regular schedule will not start until 11:00 a.m. the Regular Council Meeting 07/19/2005 17 293 third Tuesday of every month, because from 8:30 a.m. people will be shuffled to the meeting and back. Councilman Rosenfield discussed the Harbour House issue and advised that Ms. O'Neal waited two months to come back and tell the Council that they hadn't done anything. She assumed that they had done it, because that's what the Council had ordered to be done. Councilman Rosenfield requested that Ms. O'Neal call them. Ms. O'Neal advised that they talked to Mr. Nieda and understand that they were given an extension. Mr. Treppeda advised that Mr. Nieda isn't at the meeting, but he will meet with him directly after the meeting. Councilman Rosenfield requested that they come back sooner, if the items aren't done. She will give Ms. O'Neal her number. Dina Cellini, resident— 211 Bel Cross Drive, clarified that on July 13th the Bal Harbour Citizens Coalition wrote a letter to Mrs. Horvath requesting the moratorium issue to be placed on the agenda. She advised that the second issue in the letter was a request for the bus. Ms. Cellini advised that Mr. Treppeda explained that it was short notice, but that starting next month he was going to suggest that the Village provide the bus and requested that they bring it up formally at the Council meeting, which they have done. Ms. Cellini advised that Ms. Schell contacted Ms. Cellini because she thought that the bus would come by and pick up the residents and had assured the residents that bus was coming. Ms. Cellini advised that she had to tell her that the Village turned them down for this meeting, but referred her to the Village's agenda, which states at the bottom that individuals who need an accommodation to attend or participate in this meeting should contact the Office of the Village Clerk in order to request such assistance. She advised that Ms. Schell has explained that some individuals called to ask for accommodations and questioned where the Council was to accommodate them, according to its own agenda. Mayor Roth advised that he has suggested to the Manager that the bus run at 8:30 a.m., but was told it was difficult to get the bus. Mr. Treppeda explained that the bus starts at the Majestic at 9:00 a.m. and the problem on such short notice is the return trip back, because the Village has a published schedule and Lydia previously did a survey for a year and 20 people depend on the bus for the normal route. Ms. Cellini questioned the promise on the agenda for accommodations. Mr. Wolpin explained that the requirement comes from the ADA (Americans with Disabilities Act) and technically means being able to physically get into the meeting room and to speak and participate at the meeting. He advised that it does not technically include transportation service, although the Village has the right to make the transportation service that they have agreed to make. Mr. Wolpin clarified that technically the ADA does not mandate transportation service to the meeting location. It mandates access into the specific room from the outside level and being able to participate (microphone, chair, or other reasonable accommodation). Ms. Cellini understands, but thinks a reasonable interpretation by a lay person would also be a ride and if the Village is getting calls that this is a small enough Village with enough employees who may or may not be doing something every moment of the day and can drive half a mile to pick someone up who wants to come. Mr. Treppeda advised that in this case the bus was coming to bring people in enough time to hear the issue they wanted. Mr. Treppeda requested a motion from the Council to direct him to provide bus service to every Council meeting and workshop meeting and also whatever the expense is. Mayor Roth advised that the riders will have to be notified that on those dates the schedule will be different. Mr. Treppeda suggested another option is to get another bus for three hours, so it doesn't affect the regular route. A resident advised that she tried to contact Lydia regarding the bus and she got the answering machine. Ms. Kordalewski explained that she received several Regular Council Meeting 07/19/2005 18 294 phone calls and advised everyone that the bus would pick up at 9:00 and would be at Village Hall by 9:20. She reported that she didn't have any complaints regarding that. She advised that the resident who left a message did not leave a call back number. A motion was offered by Councilman Rosenfield and seconded by Councilman Sanz to give the Village Manager authority to do what is necessary to get people to the Council meetings and workshop meetings. The motion carried unanimously (3-0), with Assistant Mayor Berlin and Councilman Jacobi absent Dina Cellini, resident— 211 Bal Cross Drive, discussed the contract with the County for additional funding, which she doesn't see on the agenda. Mayor Roth advised that it was the Request for Approval of I nterlocal Agreement with Miami -Dade County for the Building Better Communities Bond Program. Ms. Cellini doesn't see how residents would understand that it's for a proposed new Village Hall. She suggested more details in the description. Ms. Cellini explained the discussion she had with Mr. Wolpin, regarding the procedure for putting items on the agenda. She advised there are two places on the Village web site where it says that if someone wants to place an item on the agenda it has to be done within a certain period of time, prior to the meeting. She advised that based on that, the Bal Harbour Citizens Coalition wrote to Mrs. Horvath in a timely manner and asked to be placed on the agenda. Ms. Cellini advised that they were told that they can't be placed on the agenda and had to go under Other Business. She reported that Mr. Wolpin referred her to a resolution that the Council passed in December regarding Other Business. She advised that when someone appears under that and asks a question that there's no guarantee that the Council is going to discuss it at all or be in a position to take any action, because it's the first time they are hearing it and they have no time to prepare for it, which is understandable. Ms. Cellini thinks that the purpose of providing advanced notification, per the Village web site, is to let the Council know what the issue is so they can be prepared for a discussion and a discussion can be guaranteed. She doesn't know how the position can be taken that this resolution changed that procedure. Ms. Cellini advised that there are other municipalities who have that procedure as well. She questioned what the advantage is of giving advanced notice to the Clerk or Council, if it will be treated as Other Business anyway. Ms. Cellini advised that it's beyond her comprehension that Mr. Wolpin can make an argument that the December resolution changed this long standing policy. She reviewed language at the bottom of the agenda and questioned how someone specifically lists it on the agenda except to give advance notice that the web site calls for. Ms. Cellini thinks that sometimes the Village Attorney is trying to put bandaids on problems that are perceived and the residents are muzzled in their efforts to express their concerns to the Village. She thinks this is something that needs to be discussed and clarified. Mr. Wolpin advised that the existing resolution establishes the procedures and the public has ample opportunity to give input by the public comment item. He explained that they can always forward information, so the Council members will know what certain members of the public may need to address. Mr. Wolpin noted that the preparation of the actual agenda is the responsibility of the Village Manager and only the Village Manager and Council can place items on the agenda. He doesn't recommend that be changed. Mr. Wolpin advised that if someone is applying for a matter or application, then those things come on in due course, but the public comment provision exists for a reason that assures public input and they don't recommend any change be made at this time. He discussed Regular Council Meeting 07/19/2005 19 295 that the Village web site to that extent has some inaccuracies which will be corrected and updated. Brian Mulheren, resident— Carlton Terrace, discussed the Harbour House and advised that the police aren't there. Mr. Treppeda advised that they were hired for a certain period of time, but understands that they have not continued that off -duty detail. Mr. Mulheren questioned who decided that. Mr. Treppeda guesses it was the building. Mr. Mulheren advised that firefighters are there 24 hours a day and there is a crisis there. He thinks that the police should be there 24 hours a day, seven days a week, as long as the fire fighters are there. Mr. Mulheren doesn't think they should have that right to just do away with it. He advised that there's also a problem with garbage and debris along the side of the building. He thinks it's getting out of hand and the police need to be there. A Harbour House resident thinks that the police are a very important factor. Mr. Mulheren thinks the Village has to get that building under control. 17. ADJOURN: There being no further business to come before the Council, a motion was offered by Councilman Rosenthal and seconded by Councilman Sanz to adjourn. The motion carried unanimously (3-0), with Assistant Mayor Berlin and Councilman Jacobi absent, and the meetin2 was adjourned at 12:15 p.m. May,' = eymour Ro Attest: Ellisa Horvath, CMC Village Clerk Regular Council Meeting 07/19/2005 20